ID04150090_-_ITO_04192016.docx

GENERAL SERVICES ADMINISTRATION (GSA)

Federal Acquisition Service (FAS) Southeast Sunbelt Region Atlanta, Georgia

INSTRUCTIONS TO OFFERORS (Amendments 1 and 2)

REQUEST FOR PROPOSAL

ISSUE DATE: 3/30/2016, 8:00 AM EST

CLOSING DATE/TIME: 4/29/2016, 4:00 PM EST

1. FULL AND OPEN COMPETITION

3. ISSUING OFFICE:

Jacqueline Milton Contract Specialist

GSA/FAS (4QFAA)

401 West Peachtree Street, Suite 2700 Atlanta, Georgia 30308 Office: (404) 224-2203 Jacqueline.Milton@gsa.gov

Faith Shelton Senior Contracting Officer

GSA/FAS (4QFAD)

401 West Peachtree Street, Suite 2700 Atlanta, Georgia 30308 Office: (404) 215-8777 Faith.Shelton@gsa.gov

Any contractual or technical questions shall be submitted in writing via email to Jacqueline.Milton@gsa.gov no later than 04/12/2016, 12:00 PM EST. All questions and answers will be posted in IT Solutions Shop (ITSS) as soon as practicable after the closing period for questions.

4. OFFERS: All offers shall be submitted in GSA’s electronic system, Information Technology Solution Shop (ITSS): http://itss.gsa.gov. ITSS requires that information under the contract number in the ITSS be an exact match with the information in the System for Award Management (SAM), https://www.sam.gov. An award cannot be made if the following information in each system does not match:

· Legal Business Name – Form 300, Blocks 7 and 12, Contractor/Company Name

· Doing Business As (DBA) – Form 300, Blocks 7 and 12, Contractor/Company Name

· Physical Address – Form 300, Block 7, Contractor Address

· Remittance Address – Form 300, Block 12, Remittance Address

· Federal Tax ID (Employer’s Identification Number)

· DUNS (Data Universal Numbering System)

Offerors shall identify subcontracting arrangements in their proposal. If a teaming or prime contractor/subcontractor arrangement or other arrangement such as joint venture is to be used, the Offeror shall clearly explain the effort to be performed by each contractor. If a contractor teaming arrangement is to be used, the Offeror shall provide a signed copy of the teaming agreement with their proposal.

If you experience any difficulties with ITSS associated with proposal submission, you should alert the Government POC and ITSS helpdesk immediately. It’s the interested parties’ responsibility to ensure vendor registration in ITSS and submission of the proposal are completed before the proposal closing date and time. Extension of the RFP closing date and time will not be granted due to late registration in ITSS.

5. FORMAT. The technical volume shall be organized to correspond with the performance work statement and submitted in an 8½-in X 11-in format using 12-point Times New Roman type and 1-in margins. Use of graphics shall be minimized. Text within tables and graphics may be smaller, if necessary, but must be legible. The total page count of the technical volume shall not exceed 25 pages. A cover page, table of contents, and index are not required but, if included, do not count toward the page total. Resumes and teaming agreements, if included, do not count toward the page total.

The pricing volume shall be formatted using the Government-provided pricing template.

The pricing and technical volumes shall be submitted as separate documents.

Past Performance may be submitted as a separate volume and does not count again the previously mentioned page count.

6. REQUIREMENT DESCRIPTION. As specified within the performance work statement.

7. EVALUATION. This procurement is being conducted under FAR 15.101. The acquisition evaluation will be conducted utilizing the Best Value/Tradeoff process, which seeks to select an offer with the best value to meet the Government’s need. Best value is defined as the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement, in accordance with FAR 2.101.

The best value will be determined by comparing differences in the value of non-price features with differences in cost to the Government. In making this comparison, the Government is more concerned with obtaining superior technical or management features than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall cost to achieve slightly superior technical or management features.

Therefore, price/cost is not expected to be the controlling factor in the selection of an Offeror, but the degree of importance of cost as a factor could become greater depending upon the equality of the proposals for other factors evaluated. When competing proposals are determined to be substantially equal after evaluation of all non-cost/price factors, the price and other cost factors could become the controlling factor.

The Government reserves the right to make a selection based upon initial submissions without discussions, so the Offeror should submit their best terms in the initial proposal. The Government reserves the right to confer with Offerors as necessary to gain a complete understanding of an Offeror’s proposal, and may also determine to make no award.

8. FACTORS OF EVALUATION. The evaluation factors are listed in descending order of importance. In evaluating the factors, the Capability to Perform and Management Approach when combined are more important than Past Performance and Price. With respect to the technical factors, Offerors are on notice that an Offeror is solely responsible for furnishing in its proposal adequate details to allow the government to assess the proposal on each factor; an Offeror’s failure to submit adequate details may result in the government assigning weakness or increased risk to successful performance associated with the Offeror’s proposal.

If an Offeror is relying upon capabilities, past performance, etc., of entities such as teaming arrangement members, e.g., subcontractors, or acquired companies, divisions, affiliates or subsidiaries then the Offeror’s proposal shall provide the Government with a clear understanding of each entity’s proposed involvement and how each entity will contribute meaningfully to the ability to meet the requirements under this solicited contract. Additionally, the Offeror shall clearly detail in its proposal evidence of a meaningful, binding commitment between the prime and the team member/subcontractor regarding performance of the contract requirements; such evidence may include but is not limited to copies of agreements/contracts.

a. Capability to Perform. The Offeror shall demonstrate with adequate detail an understanding of the requirements and an ability to perform them. This shall include a description of their understanding of the performance requirements, a discussion of their approach for delivering the services and deliverables, and an explanation of any planned teaming arrangements (company relationships and a clear identification of the portion of effort to be performed by each contractor).

In rating the Capability to Perform factor, the Government will evaluate the Offeror’s understanding of the work and soundness of their approach. This factor will be evaluated as a measure of the Government’s confidence in the Offeror’s ability to perform.

b. Management Approach. Key management personnel involved in the execution of this contract (program manager, project manager, project lead, etc.) shall have their credentials provided to the United States Government (USG) for evaluation. The Offeror shall supply with its proposal the credentials and experience collectively for all key members of the management team overseeing and leading the execution of this contract (program manager, project manager, project lead, etc.). The offeror shall demonstrate the extent to which key members of the offeror management team possess experience leading and managing efforts with similar requirements to the contract requirements. The offeror shall demonstrate the extent to which key members of the offeror management team have managed efforts (either in the private or public sector) which occur overseas without the extensive technical, logistical or personnel support which typically would be expected in an OCONUS environment. Credentials and experience may be provided in the form of a resume. While it is not required, it will be beneficial for the offeror to also include a written narrative document elaborating on the personnel credentials and experiences, as well as how those will apply to the offeror’s successful performance of the solicited contract.

In rating the Management Approach factor, the Government will evaluate the Offeror management team’s key members’ collective credentials and experience. This factor will be evaluated as a measure of the government’s confidence in the Offeror’s ability to successfully perform the solicited requirements, and shall include consideration of the length of the experience and the relevance of the experience relative to the solicited requirements. For purposes of evaluating this factor, the Government may place a greater emphasis on the members' collective experience managing the provision of training services and associated logistics, and a lesser emphasis on experience managing the provision of maintenance, finance, and engineering services.

c. Past Performance. Offerors shall submit documentation of three (3) past or recent contracts/task orders similar in size and scope to the solicited contract. (Recent is defined as similar work performed within the last five (5) years of the issuance date of this solicitation.). Past performance information shall include a point of contact (name, company name, phone number, fax number and email), contract number, contract type, dollar value, date of award, performance period, and a narrative describing the nature and complexity of the work as well as how well the offeror performed with respect to Quality of Services, Management Controls, Cost Control, Schedule Compliance, and Customer Satisfaction.. The Offeror shall also describe their role in the contract and its relevance to the solicited contract. If an offeror is composed of multiple entities, such as a teaming arrangement, then if the offeror anticipates that more than 50% of the solicited requirements shall be performed by a particular entity, then the offeror shall describe such and further the Past Performance documentation submitted by the offeror shall include Past Performance documentation for that entity.

Offerors shall provide the separately attached Past Performance Questionnaire to the points of contact for the referenced contracts. The point of contact for a referenced project shall submit a completed questionnaire no later than the proposal closing date/time via email to Jacqueline.Milton@gsa.gov. Offerors are solely responsible for assuring that their points of contact submit the completed questionnaire by the proposal closing date/time. The questionnaire shall come directly from the point of contact. The PPQs should correspond to the contracts submitted by the offeror in the narrative submission. The Government will evaluate only the three (3) PPQs received from the point of contacts referenced in the Past Performance volume. The failure to submit three (3) narrative contracts or PPQs associated with those contracts/task orders may lead the government to assign greater risk to successful performance with an Offeror’s quote.

Per FAR 15.305(a)(2)(iv) “in the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.” Consequently, a Neutral rating will be given as applicable. A verifiable past performance record may be considered more advantageous to the Government than a neutral/unknown past performance rating.

Past performance will be evaluated as a measure of the Government’s confidence in the Offeror’s ability to successfully perform this project based on demonstrated relevant and recent performance. In conducting the evaluation of past performance and risk to successful performance, the Government may use data provided by the Offeror and data obtained from other sources that it considers current, accurate and relevant. Greater weight shall be given to information received from past performance references, than the written information furnished by the Offeror in their proposal.

In evaluating past performance, the Government will review how well the offeror has performed on other relevant comparable projects. In making this determination, the Government will review the following elements:

· Quality of Services (e.g., compliance with contract requirements, technical excellence, accuracy of reports)

· Management Controls (e.g., responsiveness, staffing, project management)

· Cost Control (e.g., management of the contract/task budget and cost control)

· Schedule Compliance (e.g., timeliness compared to the schedule of activities, milestones, and/or deliverables)

· Customer Satisfaction (e.g., reasonable and cooperative behavior and commitment to customer service)

9. PRICE. In determining the total price reasonableness, the Government will evaluate the labor mix, number of hours per labor category, travel, and ODCs proposed to perform the contract requirements. The Offeror’s proposed pricing will be used in establishing the ceiling price for the contract. The price proposal shall include the proposed equipment, number of hours for labor category, and ODCs (travel and materials).

Performance Risk: Price quotes may be evaluated for price realism. This evaluation may include an analysis of the quoted labor mix, level of effort (LOE), and labor rates compared to the mix, LOE, and rates under similar DoD contracts and/or the Government’s estimate for this task order, and/or the mix, LOE, and rates quoted by other offerors for this task order.

An evaluation of performance risk may be performed in order to determine if the offeror’s quote is realistic for the type of work provided for in the PWS. A price quote which is evaluated and determined to be unrealistic will be assessed as having high performance risk. A business decision to submit an unrealistic price quote will be considered as reflecting on the risk associated with the quote.

Offerors are to consider the scenarios and workload estimate in the Performance Work Statement section. The workload estimate is not intended to be binding on either party or to be the only possible solution to the requirement. If an offeror proposes a deviation to the Estimate then the offeror shall supply a rationale. See PWS Section 9.0 for more details.

For evaluation purposes only, the total evaluated price/cost is the sum of the total price/cost submitted for (a) the base period, (b) all option periods, and (c) the six-month extension authorized by FAR clause 52.217-8. For purposes determining the evaluated price/cost for the six month 52.217-8 extension, the total price/cost is calculated as one-half of the total price/cost of the final option period. Evaluation of options will not obligate the government to exercise the option(s).

Price/cost will not be rated, but will be evaluated in determining best value (trade-off) to the Government. In addition, this factor will also assess the realism of the Offeror’s price/cost.

10. Rating Guidelines/Standards. Each evaluation factor will be rated in accordance with the following guidelines:

High Confidence

HC

Evaluation of the factor or the proposal leaves virtually no doubt that the Offeror will successfully perform the required effort. Little or no Government oversight is expected to be required in achieving the required level of performance.

Significant Confidence

SC

Evaluation of the factor or the proposal leaves little doubt that the Offeror will successfully perform the required effort. Minimal Government oversight is expected to be required in achieving the proposed level of performance.

Medium Confidence

MC

Evaluation of the factor or the proposal leaves some doubt that the Offeror can successfully perform the required effort, however it is believed that there is a high probability that the Offeror can perform successfully. Some Government oversight is expected to be required to meet the contract requirements.

Little Confidence

LC

Evaluation of the factor or the proposal leaves substantial doubt that the Offeror will successfully perform the required effort. Substantial Government oversight or intervention is expected to be required in achieving the proposed level of performance. Changes in the Offeror’s existing processes may be necessary in order to achieve contract requirements.

No Confidence

NC

Evaluation of the factor or the proposal leaves extreme doubt that the Offeror will successfully perform the required effort, regardless of the degree of Government oversight

11. PROPOSAL SUBMISSION. All offers shall contain the information necessary to satisfy the factors of evaluation in the identified format and be submitted in GSA’s electronic system, Information Technology Solution Shop (ITSS) (https://portal.fas.gsa.gov/). Failure to do so may result in exclusion from consideration.

Contractor shall complete the sections in the Clause below applicable to their Company and return with their proposal

52.217-5 -- Evaluation of Options (Jul 1990) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)).